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10 Things Most Workers' Most Compensation Lawyers Wont Tell You, But We Will

Posted by James Aspell | May 07, 2024 | 0 Comments

Leveraging Knowledge for Enhanced Financial Gains Post-Workplace Injury

While certain workers' compensation attorneys might not divulge every detail about your case concerning occupational injuries or illnesses, our approach is different.

We prioritize openness and provide detailed insights about workers' compensation laws on our website, enabling you to make well-informed decisions regarding your case.

Our firm assists you from start to finish—whether it's assessing eligibility, interacting with insurance adjusters, succeeding in court, or negotiating a substantial workers' compensation settlement.

Continue reading as we reveal critical information that other attorneys might withhold, information that could significantly increase your financial compensation.

Key Insights Your Workers' Comp Lawyer Might Keep Under Wraps

#1: Potential for a Personal Injury Lawsuit

Workers' compensation might be the standard remedy for job-related injuries, yet certain scenarios might warrant a tort lawsuit.

Such third-party claims can provide additional financial relief if they overcome any legal defenses raised by the defendant.

For instance, if a negligent driver or a defective product causes your injury at work, you might have grounds for a lawsuit independent of your workers' comp claims.

#2: Eligibility for Social Security Disability Insurance (SSDI)

Severe workplace injuries might qualify you for SSDI benefits. Conditions like a severe back injury or nerve damage, especially if you're over 50, might make you eligible for SSDI alongside your workers' comp benefits.

However, some lawyers might not explore this option with you due to unfamiliarity with the process or to avoid complications with Medicare in settlement scenarios.

#3: Possible Employment Law Claims

Post-injury employer conduct can sometimes lead to additional claims under employment laws like FMLA, ADEA, or ADA.

It's vital to investigate these possibilities before settling or exiting your job.

#4: Settlement Negotiations Post-MMI

Insurers often wait until you've reached Maximum Medical Improvement (MMI) before settling. This wait can be prolonged, affecting your ability to control your life and healthcare.

#5: The Double-Edged Sword of Vocational Rehabilitation

While returning to work can aid your recovery both mentally and physically, vocational rehabilitation can sometimes jeopardize your benefits if deemed non-cooperative by the counselor.

#6: Self-Representation for Minor Injuries

If your injury is minor and doesn't disrupt work significantly, self-representation in workers' comp claims might be advisable.

#7: Employer Negligence Doesn't Increase Compensation

Workers' comp benefits are statutory, and employer negligence doesn't typically enhance compensation, unlike in other legal claims.

#8: Seeking a Second Opinion

You're entitled to seek a second opinion or new legal representation if unsatisfied with your current lawyer's handling of your case.

#9: Specialist Expertise Matters

Not all lawyers specializing in personal injury are well-versed in the unique aspects of workers' comp claims, which might disadvantage your case.

#10: No Obligation to Settle

Don't rush into a settlement; an experienced attorney will know the right time to negotiate for the best outcome.

Further Insights

Additional points cover a range of topics from adding claims for developing injuries, dealing with insurer denials despite having a "lifetime medical award," to the insurer's potential for misconduct and appeal processes.

Empowering You with Knowledge

Our Hartford, CT Workers Compensation Lawyer is  committed to transparency and equipping you with the necessary information to maximize your claim's value. For further inquiries, contact us; we assist workers across Connecticut in achieving favorable outcomes.

We can be reached anytime at 860-523-8783 or by using the contact form provided

 
 
 
 
 
 

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...

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